EN BANC

[B.M. No. 810. January 27, 1998.]

IN RE: PETITION TO TAKE THE LAWYER'S OATH BY ARTHUR M.

CUEVAS, JR.

SYNOPSIS

Petitioner Arthur M. Cuevas, Jr. passed the 1996 Bar Examinations. His oath-
taking was held in abeyance in view of the Court's resolution which permitted him to
take the Bar Examinations "subject to the condition that should (he) pass the same, (he)
shall not be allowed to take the lawyer's oath pending approval of the Court due to his
previous conviction for Reckless Imprudence Resulting in Homicide. The conviction
stemmed from petitioner's participation in the initiation rites of the LEX TALIONIS
FRATERNITAS, a fraternity in the SAN BEDA COLLEGE OF LAW, sometime in September
1991, where Raul I. Camaligan, a neophyte, died as a result of the personal violence
in icted upon him. Thereafter, petitioner applied for and was granted probation. On
May 16, 1995, he was discharged from probation and his case considered closed and
terminated.
In this petition, petitioner prays that "he be allowed to take his lawyer's oath at
the Court's most convenient time" attaching thereto the Order dated May 16, 1995 of
the Regional Trial Court, Branch 10 of Antique discharging him from his probation, and
certi cations attesting to his righteous, peaceful and law abiding character. On July 15,
1997, the Court, before acting on petitioner's application, resolved to require Atty.
Gilbert D. Camaligan, father of the deceased hazing victim Raul I. Camaligan, to
comment thereon.
The Court stated that it shares the sentiment of Atty. Gilbert D. Camaligan and
commiserates with the untimely death of his son. Nonetheless, Atty. Gilbert D.
Camaligan admits that "he is not, in a position to say whether petitioner since then has
become morally t and submits petitioner's plea to be admitted to the noble
profession of law to the sound and judicious discretion of the Court.
The petition before the Court requires the balancing of the reasons for
disallowing or allowing petitioner's admission to the noble profession of law. His
deliberate participation in the senseless beatings over a helpless neophyte which
resulted to the latter's untimely demise indicates absence of that moral fitness required
for admission to the bar. And as the practice of law is a privilege extended only to the
few who possess the high standards of intellectual and moral quali cations the Court
is duty bound to prevent the entry of undeserving aspirants, as well as to exclude those
who have been admitted but have become a disgrace to the profession. The Court,
nonetheless, is willing to give petitioner a chance in the same manner that it recently
allowed Al Caparros Argosino, petitioner's co-accused below, to take the lawyer's oath.
The Court then resolved to allow petitioner Arthur M. Cuevas Jr. to take the lawyer's
oath and to sign the Roll of Attorneys on a date to be set by the Court, subject to the
payment of appropriate fees. STcADa

SYLLABUS

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 REMEDIAL LAW; EVIDENCE; ATTORNEYS AND ADMISSION TO THE BAR;
PETITION TO TAKE LAWYER'S OATH AFTER DISCHARGE FROM PROBATION,
GRANTED; CASE AT BAR. — The petition before the Court requires the balancing of the
reasons for disallowing or allowing petitioner's admission to the noble profession of
law. His deliberate participation in the senseless beatings over a helpless neophyte
which resulted to the latter's untimely demise indicates absence of that moral tness
required for admission to the bar. And as the practice of law is a privilege extended only
to the few who possess the high standards of intellectual and moral quali cations the
Court is duty bound to prevent the entry of undeserving aspirants, as well to exclude
those who have been admitted but have become a disgrace to the profession. The
Court, nonetheless, is willing to give petitioner a chance in the same manner that it
recently allowed Al Caparros Argosino, petitioner's co-accused below, to take the
lawyer's oath. Petitioner Arthur M. Cuevas, Jr.'s discharge from probation without any
infraction of the attendant conditions therefor and the various certi cations attesting
to his righteous, peaceful and civic-oriented character prove that he has taken decisive
steps to purge himself of his de ciency in moral character and atone for the
unfortunate death of Raul I. Camaligan. The Court is prepared to give him the bene t of
the doubt, taking judicial notice of the general tendency of the youth to be rash,
temerarious and uncalculating. Let it be stressed to herein petitioner that the lawyer's
oath is not a mere formality recited for a few minutes in the glare of ashing cameras
and before the presence of select witnesses. Petitioner is exhorted to conduct himself
beyond reproach at all times and to live strictly accordingly to his oath and the Code of
Professional Responsibility. And, to paraphrase Mr. Justice Padilla's comment in the
sister case of Re: Petition of Al Argosino To Take the Lawyer's Oath , Bar Matter No.
712, March 19, 1997, "[t]he Court sincerely hopes that" Mr. Cuevas, Jr., "will continue
with the assistance he has been giving to his community. As a lawyer he will now be in a
better position to render legal and other services to the more unfortunate members of
society." ACCORDINGLY, the Court hereby resolved to allow petitioner Arthur M. Cuevas,
Jr., to take the lawyer's oath and to sign the Roll of Attorneys on a date to be set by the
Court, subject to the payment of appropriate fees. DaHcAS

RESOLUTION

FRANCISCO , J : p

Petitioner Arthur M. Cuevas, Jr., recently passed the 1996 Bar Examinations, 1 His
oath-taking was held in abeyance in view of the Court's resolution dated August 27,
1996 which permitted him to take the Bar Examinations "subject to the condition that
should (he) pass the same, (he) shall not be allowed to take the lawyer's oath pending
approval of the Court . . ." due to his previous conviction for Reckless Imprudence
Resulting In Homicide. The conviction stemmed from petitioner's participation in the
initiation rites of the LEX TALIONIS FRATERNITAS, a fraternity in the SAN BEDA
COLLEGE OF LAW, sometime in September 1991, where Raul I. Camaligan, a neophyte,
died as a result of the personal violence in icted upon him. Thereafter, petitioner
applied for and was granted probation. On May 16, 1995, he was discharged from
probation and his case considered closed and terminated. LLjur

In this petition, received by the Court on May 5, 1997, petitioner prays that "he be
allowed to take his lawyer's oath at the Court's most convenient time" 2 attaching
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 thereto the Order dated May 16, 1995 of the Regional Trial Court, Branch 10 of Antique
discharging him from his probation, and certi cations attesting to his righteous,
peaceful and law abiding character issued by: (a) the Mayor of the Municipality of
Hamtic, Antique; (b) the O cer-in-Charge of Hamtic Police Station; (c) the Sangguniang
Kabataan of Pob. III, Hamtic, through its chairman and o cers (d) a member of the IBP
Iloilo Chapter; (e) the Parish Priest and Vicar General of St. Joseph Cathedral, San Jose,
Antique; and (f) the President of the Parish Pastoral Council, Parish of Sta. Monica,
Hamtic, Antique. On July 15, 1997, the Court, before acting on petitioner's application,
resolved to require Atty. Gilbert D. Camaligan, father of the deceased hazing victim Raul
I. Camaligan, to comment thereon. In compliance with the Court's directive, Atty. Gilbert
D. Camaligan filed his comment which states as follows:
"1. He fully appreciates the benign concern given by this Hon. Court in
allowing him to comment to the pending petition of Arthur M. Cuevas to take the
lawyer's oath, and hereby expresses his genuine gratitude to such gesture.

"2. He conforms completely to the observation of the Hon. Court in its

resolution dated March 19, 1997 in Bar Matter No. 712 that the in iction of severe
physical injuries which approximately led to the death of the unfortunate Raul
Camaligan was deliberate (rather than merely accidental or inadvertent) thus,
indicating serious character aws on the part of those who in icted such injuries.
This is consistent with his stand at the outset of the proceedings of the criminal
case against the petitioner and his co-defendants that they are liable not only for
the crime of homicide but murder, since they took advantage of the neophytes'
helpless and defenseless condition when they were "beaten and kicked to death
like a useless stray dog", suggesting the presence of abuse of con dence, taking
advantage of superior strength and treachery (People vs. Gagoco, 58 Phil. 524).
"3. He, however, has consented to the accused-students' plea of guilty to
the lesser offense of reckless imprudence resulting to the homicide, including the
petitioner, out of pity to their mothers and a pregnant wife of the accused who
went together at his house in Lucena City, literally kneeling, crying and begging
for forgiveness for their sons, on a Christmas day in 1991 and on Maundy
Thursday in 1992, during which they reported that the father of one of the
accused died of heart attack upon learning of his son's involvement in the case. cdll

"4. As a Christian, he has forgiven the petitioner and his co-defendants in

the criminal case for the death of his son. But as a loving father, who lost a son in
whom he has high hope to become a good lawyer — to succeed him, he still feels
the pain of his untimely demise, and the stigma of the gruesome manner of
taking his life. This he cannot forget.
"5. He is not, right now, in a position to say whether petitioner, since then
has become morally t for admission to the noble profession of the law. He
politely submits this matter to the sound and judicious discretion of the Hon.
Court." 3

At the outset, the Court shares the sentiment of Atty. Gilbert D. Camaligan and
commiserates with the untimely death of his son. Nonetheless, Atty. Gilbert D.
Camaligan admits that "[he] is not, right now, in a position to say whether petitioner
since then has become morally t . . ." and submits petitioner's plea to be admitted to
the noble profession or law to the sound and judicious discretion of the Court.
The petition before the Court requires the balancing of the reasons for
disallowing or allowing petitioner's admission to the noble profession of law. His
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 deliberate participation in the senseless beatings over a helpless neophyte which
resulted to the latter's untimely demise indicates absence of that moral fitness required
for admission to the bar. And as the practice of law is a privilege extended only to the
few who possess the high standards of intellectual and moral quali cations the Court
is duty bound to prevent the entry of undeserving aspirants, as well as to exclude those
who have been admitted but have become a disgrace to the profession. The Court,
nonetheless, is willing to give petitioner a chance in the same manner that it recently
allowed Al Caparros Argosino, petitioner's co-accused below, to take the lawyer's oath.
4

Petitioner Arthur M. Cuevas, Jr.'s discharge from probation without any infraction
of the attendant conditions therefor and the various certi cations attesting to his
righteous, peaceful and civic-oriented character prove that he has taken decisive steps
to purge himself of his de ciency in moral character and atone for the unfortunate
death of Raul I. Camaligan. The Court is prepared to give him the bene t of the doubt,
taking judicial notice of the general tendency of the youth to be rash, temerarious and
uncalculating. 5 Let it be stressed to herein petitioner that the lawyer's oath is not a
mere formality recited for a few minutes in the glare of ashing cameras and before the
presence of select witnesses. Petitioner is exhorted to conduct himself beyond
reproach at all times and to live strictly according to his oath and the Code of
Professional Responsibility. And, to paraphrase Mr. Justice Padilla's comment in the
sister case of Re: Petition of Al Argosino To Take The Lawyer's Oath , Bar Matter No.
712, March 19, 1997, "[t]he Court sincerely hopes that" Mr. Cuevas, Jr., "will continue
with the assistance he has been giving to his community. As a lawyer he will now be in a
better position to render legal and other services to the more unfortunate members of
society". 6
ACCORDINGLY, the Court hereby resolved to allow petitioner Arthur M. Cuevas,
Jr., to take the lawyer's oath and to sign the Roll of Attorneys on a date to be set by the
Court, subject to the payment of appropriate fees. Let this resolution be attached to
petitioner's personal records in the Office of the Bar Confidant. prLL

SO ORDERED.
Narvasa, C .J ., Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Vitug,
Kapunan, Mendoza, Panganiban and Martinez, JJ ., concur.

Footnotes

1. Held on September 7, 14, 21, and 28, 1996, at De La Salle University, Taft Avenue, Manila,
with Associate Justice Ricardo J. Francisco as Chairman of the Bar Committee.

2. Manifestation With Motion To Take The Lawyer's Oath, p. 2.

3. Comment, pp. 1-2.

4. Re : Petition of Al Argosino To Take The Lawyer's Oath, Bar Matter No. 712, March 19, 1997.
5. Id.
6. Id., at p. 5.

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